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Getting sued by Chase for an unsecured cc

Date: Sat, 11/20/2010 - 16:44

Submitted by anonymous
on Sat, 11/20/2010 - 16:44

Posts: 202330 Credits: [Donate]

Total Replies: 1


Can they put a lien on my home, if the judgment is granted. This is an unsecured credit card. I have not been served but i have been receiving many letters from attorneys that want to represent me. I looked up the case number and i see it is scheduled to be dismissed because of article Rule 165A, Texas Rule of Civil Procedure


If the case is going to be dismissed (follow up to be sure it is) they cannot put a lien on your home without a judgment. If they don't get a judgment in this case they would need to obtain it elsewhere. If they don't currently have the evidence/proof to substantiate their claim but did acquire it in the future they could refile and try again if the statute of limitations has not been exceeded. Also, it would depend on whether the case was dismissed with or without prejudice to refiling. If it is dismissed with prejudice it would prohibit their refiling the same.
But be sure to follow the case you found on line in order to be sure that it is in fact dismissed and whether or not it was with or without prejudice. Get a copy of the dismissal for your records. :)

This is the statute you referenced:

[QUOTE]RULE 2.5. DISMISSAL FOR WANT OF PROSECUTION


[LIST=1]

  • Procedure

    [INDENT] The Court, on its own motion, may dismiss a case for want of prosecution. The procedure provided in Rule 165a of the Texas Rules of Civil Procedure, as amended, shall apply.
    [/INDENT]
    [LIST=1]
  • Reasons For Dismissal

    [INDENT] A case may be dismissed for want of prosecution for any of the following reasons:
    [/INDENT]
    [LIST=1]
  • Failure of a party seeking affirmative relief to take appropriate action when the case has been pending without action for six months.
  • Failure of counsel for a party seeking affirmative relief to appear for a pretrial or preliminary hearing, particularly if there has been a previous failure to appear or no motion has been timely filed to meet the exceptions previously sustained.
  • Failure of a party seeking affirmative relief to make an announcement as scheduled when the case has been set for trial.

    [INDENT] History: Adopted effective May 29, 1998.
    [/INDENT][/QUOTE]


    • lrhall41

    Submitted by Gretchen VonDerhoff on Sun, 11/21/2010 - 09:51

    ( Posts: 259 | Credits: )